John JEFFERY, et al., Plaintiffs,
v.
Thomas O'DONNELL, et al., Defendants.
United States District Court, M.D. Pennsylvania.https://leagle.com/images/logo.png
August 24, 1988.
August 24, 1988.
Attorney(s) appearing for the Case
Gregory Reed, Harrisburg, Pa., Home School Legal Defense Ass'n, Michael P. Farris, J. Michael Smith and Christopher J. Klicka, Great Falls, Va., for plaintiffs.
Edwin A. Abrahamsen, Abrahamsen, Moran, Connolly & Connolly, P.C., Scranton, Pa., for Thomas McDonnell.
Marshall, Dennehey, Warner, Coleman & Goggin, Robert G. Hanna, Jr., Philadelphia, Pa., Frank J. Lavery, Jr., Harrisburg, Pa., for Warner Stark, Wyalusing Area School Dist., Thomas O'Donnell, Harry Harhigh, Dr. Walter Curfman and Dr. Merrill Arnold.
Eugene N. McHugh, Steve Russell, Pa. School Boards Assoc., New Cumberland, Pa.
James Himes, Huntingdon, Pa.
Fred Gutshall, Huntingdon, Pa.
Sally Akan, Philadelphia School District, Philadelphia, Pa.
Steven Hutzelman, Plate & Shapira, Erie, Pa.
Steven S. Russell, Chief Staff Counsel for Pa. School Board Ass'n, New Cumberland, Pa., for Pa. School Bd. Ass'n.
John Diefenderfer, Newton, Pa., for Ft. LeBoeuf School Dist., Centennial School Dist., South Butler, Phil. School Dist., South Eastern School Dist., Scranton School Dist., Centennial School Dist. and Tussex Mtn. School Dist.
Robert G. Hanna, Jr., Frank Lavery, Jr., Philadelphia, Pa., for Thomas O'Donnell, Walter Curfman, Harry Harhigh, Fort LeBoeuf School District, Dr. Merrill Arnold and James Wolf.
Michael Levin, Abington, Pa., for Merrill S. Arnold, South Butler School Dist. and Pa. School Bds. Ass'n, amicus.
Harry S. Tischler, Asst. Gen. Counsel, School Dist. of Pa., Bd. of Educ., Philadelphia, Pa., for Constance Clayton.
John Krisa, Bonni Shelp, Blakely, Pa., for Joseph Como.
Robert G. Hanna, Jr., Laura Lubow, Marshall, Dennehey & Warner, Philadelphia, Pa., for Dr. Luther B. Sowers as Superintendent of the South Eastern School Dist., and Constance Clayton.
Thomas W. Scott, Harrisburg, Pa., for Pennsylvania State Educ. Ass'n, amicus curiae.
United States District Court, M.D. Pennsylvania.
MEMORANDUM AND ORDER
KOSIK, District Judge.
INTRODUCTION
This is a civil rights action commenced by plaintiffs under 42 U.S.C. § 1983 in which they seek both declaratory and injunctive relief; the former challenging the constitutionality of Pennsylvania's Compulsory Attendance Law, 24 P.S. § 13-1327, specifically the private tutorial provision, and the latter to prevent defendants from instituting...
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